R95-065RESOLUTION NO. R95-~-
A RESOLUTION ~F THE CITY COMMISSION OF
THE CITY OF \'BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND
HOWARD SCHARLIN, TRUSTEE FOR WOOLBRIGHT
PLACE, JOINT VENTURE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Tradewinds Development Corporation and the City
of Boynton Beach have heretofore been engaged in lengthy
litigation over the development of property located in Boynton
Beach, Florida, whiCh litigation is subject to stipulations
and judgments entered in Palm Beach County Circuit Court, Case
Nos. CL 86-3661 and CL 87-1638 AE; and
WHEREAS, Howard Scharlin, Trustee for Woolbright Place,
Joint Venture, is the successor in interest to the rights of
Tradewinds and is the sole owner of the property which was the
subject of the above referenced litigation; and
WHEREAS, the parties desire to enter into an Agreement,
which shall supersede all previous agreements, stipulations
and judgments concerning the rights of the parties as it
relates to the development of the subject property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby
authorized and directed to execute an Agreement between the
City of Boynton Beach and Howard Schartin, Trustee for
Woolbright Place, Joint Venture, which Agreement is attached
hereto as Exhibit "A"
Section 2. That this Resolution
effective immediately upon passage.
shall become
PASSED AND ADOPTED this /~ day of ~/ , 1995.
CITY ~F BOYN~ON BEACH, FLORIDA
J Mayor ~
t~Vice Mayor~ ~ J
~ Co~sioner
/
ATTEST:
City Clerk
(Corporate Seal)
Authsig. doc
Tradewinds. FinalAgr
4/12/95
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT is entered into between THE CITY OF
BOYNTON BEACH ("CITY"), and HOWARD SCHARLIN, TRUSTEE for WOOLBRIGHT
PLACE , JOINT VENTURE ("SCHARLIN"), this ,/~ day of
WlTNE$SETH
WHEREAS, TRADEWINDS DEVELOPMENT CORPORATION, acting for the
Woolbright Place Joint Venture ("Woolbright") and the CITY have
heretofore been engaged in lengthy litigation over the development
of property located in Boynton Beach, Florida, which litigation is
subject to stipulations and judgments entered in Palm Beach County
Circuit Court, Case No. CL 86-3661 AE and CL 87-1638 AE; and
WHEREAS, Howard Scharlin, Trustee for Woolbright Place, Joint
Venture, is the true party in interest to the rights of TRADEWINDS
and is the sole owner of the property which was the subject of the
above referenced litigation; and
WHEREAS, Scharlin desires to enter into an Agreement with the
CITY which shall confirm the good standing of the parties under the
in the above referenced
stipulations and judgements entered
litigation, and;
WHEREAS, the parties have engaged
in negotiations which are
intended to resolve'all current and future development issues with
respect to the real property identified in the above referenced
litigation, including issues invol~ing the interpretation of ~he
previous stipulations entered into between the parties and the
Court Orders implementing same; and
Final 5/16/95
WHEREAS, the parties have agreed upon the terms that will
bring the litigation between them to a final conclusion in a manner
which is equally beneficial to all interested parties, and to the
citizens of the CITY; and
WHEREAS, SCHARLIN has represented to the CITY that Scharlin
is the only party who holds legal title to the property which is
the subject of this litigation and represents all those with
equitable interests therein, or who has standing to enforce the
Stipulations and Orders entered into in the above referenced
litigation.
NOW, THEREFORE, in consideration of the mutual covenants
expressed and exchanged herein the parties agree as follows:
1. The foregoing whereas clauses are true and correct.
2. Ail references to SCHARLIN herein shall mean Howard
Scharlin, Trustee as authorized representative of owners of 100% of
beneficial interest in Woolbright, his successors or assigns.
3. INDUSTRIAL ACCESS ROAD: SCHARLIN shall construct the
industrial access road centered within a 50' public right-of-way
along the northern boundary of the PCD within twenty-one (21)
months of the date of this agreement including, but not limited to,
curbs and drainage. In return, the CITY agrees to abandon or
convey to $CF2%RLIN the southernmost 30' of the industrial road
right-of-way. The road shall be built in accordance with applicable
design standards and with the typical cross section depicted on
attached Exhibit'"A". The design shall incorporate a west bound
left turn lane on the industrial access road onto S.W. 8th Street,
a sidewalk along the north side of the road from S.W. 8th Street to
Final 5/16/95
the eastern terminus of the road, with curbs and gutters along both
t'
sides, and a con lnuous ficus hedge along the ~roperty line which
separates the PCD from the Vinings Developmen~ "SCHARLIN shall
provide surety for the roadway improvements in the man~er
prescribed by the CITY's Land Development Cod~. The CITY agrees
that SCHARLIN may have no more than three (3) points of ingress and
egress to the PCD from the industrial access road, provided the
access points are located following the customary approval process
for the location .of driveways.
4. LANDSCAPE BERM. In addition to other berms or walls
which are required to be constructed in the PCD or PUD, SCHARLIN
shall construct irrigated landscape berm along the west boundary of
the PCD and PUD, less the church parcel, within three months of
the execution of this Agreement. The berm height shall be measured
from the elevation on the. Leisureville side of the berm and may
consist of five (5) feet of earthen berm and a ficus hedge. The
berm shall be landscaped along its high point with a continuous
ficus hedge planted and maintained in accordance with the memo
dated May 11, 1995, a copy of which is attached hereto as Exhibit
llCll .
5. VESTING: The CITY agrees that any and all CITY and
County impact fees which are required to be paid for the PUD and
PCD shall be calculated at the fee rate in effect in November, 1986
and the CITY shall collect such 1986 impact fee 'from the applicant
as development orders are issued and as a condition precedent to
the issuance of any building permits. SCHARLIN shall pay all other
building and permitting fees in effect at the time of aDDlical~lon.
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To the extent that a category of impact fee did not exist in 1986
and was thereafter implemented by the CITY and/or County SCHARLIN
shall not be required to pay such fees. The CITY is not a party
to any agreement between SCHARLIN and Palm Beach County regarding
County impact fees. The CITY shall remit to the County any impact
fees paid by SCHARLIN to the CITY for County impact fees but the
CITY shall have no additional liability to SCHARLIN or the County
if the County demands additional fees, and SCHARLIN shall hold CITY
harmless from any such liability.
6. USES IN THE PCD: The parties agree that all uses
permitted under current PCD or C-3 zoning regulations are
permissible in the boundaries of the current PCD, subject to
conditional use approw~l.by the City Commission when so designated
in the City Code'. By way of example: fast food restaurants are a //
permitted use, restaurants with drive thru are a conditional use~
-'requiring Commission approval.
7. FORCED AIR BURNING: The CITY agrees
controlled air/forced air burning on the site,
to permit one (9)
from the date of.
this agreement, subject to Fire Department approval and proper
atmospheric conditions.
8. GARDEN CENTER/ACCESSORY USE: The CITY acknowled~esthat
the Home Depot Outdoor Garden Center is an accessory use and that
said Garden Center shall not be included as part of the retail
gross leasable area.
9. REVIEW PROCEDURE: The CITY and SCHARLIN agree that the
development review procedure attached hereto as Exhibit "B" shall
be implemented and applied to all applications by SCHARLIN for
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further construction permitting on the property. The CITY further
agrees that upon receipt of applications as required by applicable
ordinances, it shall process master plan modifications and site
plans in accordance with the schedule attached as Exhibit "B".
10. SCHARLIN shall be required to bond all required
subdivision improvements including on and off-site improvements
required by CIT~ Code.
11. MAfTER PLAN MODiFICATION: Nothing herein shal'l'~revent
SCHARLIN from seeking modification of the current master plan.
Notwithstanding any previous requirement, additional commercial
buildings need not be attached to the Home Depot Garden Center.
Master Plan modifications shall be conducted in accordance with the
procedures in place at time of application for same.
12. PHASE DEVELOPMENT: The CITY agrees that SCHARLIN shall
have the right to'phase development of the PCD and/or the PUD as
well as sever portions of the property from the PUD or PCD,
provided, however, ~hat the phasing of any'improvements which are
required by the subdivision and platting regulations shall be in
accordance with the revised master plans submitted by SCHARLIN and
approved by the CITY, and phasing of said improvements is
reasonab%y related to the land uses that are proposed in the
particular phase.
13. ADDITIONAL CURB CUTS: Notwithstanding any prior
agreement, SCHARLIN may request additional curb cuts along S.W. 8th
Street. 'Approval shall be subject to customary review and hearing
for traffic flow and safety considerations.
14. RELEASE AND SETTLEMENT: Upon execution of this
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Agreement by both parties and approval by Court order all prior
stipulations, agreements, letters of understanding, negotiations
shall be.deemed in good standing and satisfied and the future
rights of the parties shall be governed by this Agreement and the
applicable provisions of the CITY Code of ordinances, as that Code
is amended from time to time. SCHARLIN shall provide to the CITY
a General Release from $CHARLIN,, ./~/3'
~./.~ WOOLBRIGHT PLACE, JOINT VENTURE, and MICHAEL MORTON
releasing the CITY from all claims or actions accrued or
outstanding.which either has or may assert against the CITY, except
those claims or actions'which may accrue in the future based upon
either party's failure to comply with any provision 'of this
Agreement. "
15. COMMISSION/COURT APPROVAL: This Agreement shall have no
force and effect until approved by a majority of the CITY
Commission and the entry of an Order approving a Stipulation for
Settlement and Dismissal referencing the terms of this Agreement.
16. ATTORNEY FEES: SCHARLIN shall pay to the CITY Five
Thousand ($5,000.00) Dollars, representing attorney fees and costs
incurred by the CITY in this action.
17. CODE COMPLIANCE: The parties agree that unless herein
stipulated, all current and future activities will be governedby
City Codes and Regulations in force and effect upon the date of
application for an activity.
18. REQUIRED IMPROVEMENTS: SCHARLIN agrees to complete
construction of all' required improvements including, but not
limited to, the industrial access road referenced in paragraph 3
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?
above, and previously required landscaping. SCHARLIN further
agrees to provide i10% surety for all required improvements and to
complete the required improvement within twenty-one (21) months of
the date of the CITY Commission acceptance o~ this ~greement.
19. RIGHT-OF-WAY LICENSING AGREEMENT: The parties agree that
the Grant of License by the CITY to SCHARLIN as recorded with Palm
~each County on December 11, 1990 (90-352210, Official Record Book
6667, Page 103) remains in full force and effect. The parties agree
to correct an error in the legal description contained therein.
20. ENFORCEABILITY: Nothing herein shall constitute a waiver
on the part of either party to seek judicial enforcement of the
terms of this Agreement. This Agreement shall be binding on all
successors or assigns of SCHARLIN.
THE CITY OF BOYNTON BEACH
~CITY CLERK
JAC/lms
900304
AGREE.1
(CITY Seal)
~~rd S~harlin, Trustee
)U~OV[D )~TO FOPS//
Final 5/16/95
EXHIBIT B
The following procedure shall be implemented and followed by
both SCHARLIN and the CITY in the filing and processing of all
requests for development approval:
Step 1. SCHARLIN contacts the Planning Director to Schedule
a pre-application meeting.
Step 2.. Written documentation outlining request Should be
submitted to the Planning Director no less than five (5) business
prior to pre-application meeting. This will permit the
inquiries of other staff
days
Planning Director to make appropriate
members.
Step 3. Pre-application meeting
provide comments at this meeting.
with st~ff.
Staff will
Step 4. Formal submission of application by Tradewinds.
Step 5. Staff will review application within ten
business days.
Step 6. Planning
(10)
Director will provide written response on
or before tenth (10th) business day following submission.
Step 7. Application will be placed on the P&D.agenda for
next P&D meeting, if P&D meeting will occur within two (2) weeks.
If P&D meeting is not within two (2) weeks, a special P&D meeting
will be called. Developer may, at its discretion, request delay of
the Planning and Development Board meeting but such request must be
in writing.
Step 8. Following P&D action, application placed on next
city Commission agenda.
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In the event that public notic~ is required by City ordinance
or state law for public hearing, then in that event, the scheduling
of meetings under Step 7 and Step 8 shall be extended to meet the
notice requirements of law.
Final 5/16/95